Former President, Dr. Goodluck Jonathan, Monday, prayed the Abuja
Division of the Federal High Court to set aside the subpoena it issued
to compel him to testify as a witness in the ongoing trial of former
National Publicity Secretary of Peoples Democratic Party, PDP, Chief
Olisa Metuh, Vanguard reports.

Dr. Jonathan, in a motion he filed through his counsel, Chief Mike
Ozekhome (SAN), urged Justice Okon Abang to set aside the subpoena ad
testifiandum he issued against him on October 23.

In the alternative, the former President asked Justice Abang to
direct Metuh to deposit with the court, for and on behalf of himself, N1
billion in line with provisions of Section 241(2) of the Administration
of Criminal Justice Act, 2015.

He said the N1 billion will cover travelling expenses for himself
and his security personnel from his home town, Otuoke in Bayelsa State,
to Abuja and also for time that he might spend appearing before the
court as President of Nigeria between 2010 and 2015.

Jonathan’s lawyer, Ozekhome (SAN), maintained that the evidence
Metuh is seeking will amount to an invasion of his client’s personal
right to privacy, and family life as provided for in Section 37 of the
Constitution of the Federal Republic of Nigeria, 1999.

In addition, he submitted that the evidence sought to be obtained
from Jonathan was likely to expose the former President to a criminal
charge, penalty or forfeiture.

He further argued that the subpoena was vague, applied for and
obtained on frivolous grounds and in bad faith, saying it was meant to
embarrass the person of the applicant.

Besides, Jonathan argued that Metuh was not a personal aide or his
appointee and, therefore, could not have dealt with the President
directly under any circumstance to warrant the invitation of the
applicant to testify in the charge.

He further submitted that there was no nexus between him and Metuh and the charge for which the defendants are standing trial.

The case

The court had, on the strength of an application by Metuh, who is
facing seven-count corruption charge alongside his firm, Destra
Investment Limited, summoned both Jonathan and Dasuki to appear before
it.

Metuh had, in defence of the charge against him, maintained that
the former President and ex-NSA, were “very vital and crucial witnesses”
in the matter.

EFCC had in the charge before the court alleged that the former PDP
spokesman had before the 2015 presidential election, received N400
million from the office of the National Security Adviser without
executing any contract.

It said the fund, which was released to Metuh and his firm by the
erstwhile NSA, Col Sambo Dasuki, (retd), was part of about $2.1 billion
earmarked for the purchase of arms to fight insurgency in the
North-East.

He was equally accused of money laundering. EFCC alleged that Metuh engaged in an illicit transaction that involved $2 million.